4 Jun 2020
LUEN TAT WATCH BAND MANUFACTURER LTD v. LI SHU CHUNG (also known as “Ken Li”)
- Citation
- [2020] HKCFI 984
- Court
- Court of First Instance
- Case number
- HCA1039/2018
Default judgment was irregular because service under Order 10 r 1(2)(b) was ineffective as defendant was not in Hong Kong; notwithstanding that irregularity the court has a residual unfettered discretion to impose terms when setting aside such a judgment; on the facts the defendant had been evading service and substantially contributed to the irregularity and therefore the court would set aside the default judgment but on terms requiring the defendant to pay the full judgment sum into court within 28 days; marginal non-disclosure by plaintiff did not preclude imposition of terms.